Requirement to hold a hearing
Hungary
Name: Act XXXVI of 2013 onElectoral Procedure
Enactment: 1st September 2013
Quote:
Section 218
(1) The election commission shalladjudge objections based on the available information.
(2)If the election commission sustains the objection, it shall
a)establish the fact of the legal violation;
b)order the violator to cease the violation;
c)destroy the election procedure or the part thereof affected by the legalviolation and order it to be repeated;
d) have the power to issue afine in case of violations of the rules of election campaigns and violations ofthe obligations described in Sections 124 (2) and 155.
Section 124
(…)
(2)Voters who wish to stand as an independent candidate and nominatingorganisations that wish to put forward a candidate shall hand over allrecommendation sheets they received to the election office by the deadline setfor the notification of candidates. In case of a breach of this obligation, thecompetent election commission shall issue a fine, proceeding ex officio. The amountof the fine shall be half the minimum wage for every missing recommendationsheet.
Section 219
(1)In deciding whether issuing a fine is called for, and in determining the fineamount, the election commission shall consider all circumstances of the case –especially the number of people affected by the legal violation and thegravity, geographical extent and the recurrence of the violation. The fineamount shall also depend on whether the violation was evidently intentional.
(2) Incase of natural persons, the maximum fine amount shall be five times themonthly minimum wage; in other cases, the maximum fine amount shall be fifteentimes the monthly minimum wage.
(3)Any fines that are not paid within fifteen days of the resolution issuing thefine becoming final shall be designated public debt enforced as taxes, to becollected by the state tax authority when contacted by the National ElectionOffice.
